Sabonsi & 6 others v Sheer Logic Management Consultants (Employment and Labour Relations Cause E151, E153, E154, E156, E157, E158 & E159 of 2021 (Consolidated)) [2025] KEELRC 2422 (KLR)
The bottom line
#Kenya's Employment Court ruled that workers paid by output were piece-rate employees whose jobs lawfully ended when the client contract ended, awarding only certificates of service.
What this practically means
#Executive summary
#Key legal issues
#Status of the claimants: casual or piece rate employees
Claimants were piece rate employees, not casual labourers
The court relied on the payslips showing fluctuating monthly salaries and the testimony of CW2 and RW1 that pay depended on work done. On that evidence the court concluded the relationship was a piece rated engagement rather than casual employment, so the Section 37 conversion argument did not arise as pleaded.
Whether the termination was fair and justified
Termination was not wrongful; the employment ended when EABL descoped the contract
The court held the employment was based on work available and survived only as long as EABL needed the services, an understanding that was clear to the parties. When EABL terminated its engagement with the Respondent, the work ended; the Respondent did not deliberately terminate the claimants' engagement.
Entitlement to terminal dues and damages
No terminal dues awarded; claimants were NSSF members and did not prove other dues
The court found the claimants did not particularise the terminal dues claimed. As NSSF members, terminal dues were covered by their contributions and remittances, and no other dues were explained. Only the certificates of service were granted.
Legal principles established
#- Where payment fluctuates according to work done, the engagement is a piece rate relationship rather than casual employment
- Where employment is contingent on an outsourced contract and that contract ends, the end of the engagement is not wrongful termination by the labour supplier
Court orders
#- 1.The Respondent to issue the Claimants their certificates of service
- 2.No order for costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act and Labour Relations Act (original employment claim)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sabonsi & 6 others v Sheer Logic Management Consultants (Employment and Labour Relations Cause E151, E153, E154, E156, E157, E158 & E159 of 2021 (Consolidated)) [2025] KEELRC 2422 (KLR)", Case Analysis (2025). Cause No. E151/2021 (consolidated with E149/2021, E156/2021, E157/2021, E159/2021, E153/2021 and E154/2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2422/eng@2025-09-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.